Berjaya Land Berhad, Berjayaclubs.com
and its affiliates, successors, parents, subsidiaries,
assigns, licensees, and designees (collectively and
individually "Berjayaclubs.com") encourages
and promotes the Berjayaclubs.com website (the "Service")
as an environment that fosters interaction and participation
among its members ("Members"). Members should
thus feel free to express themselves. However, Members
should keep comments and contributions within the
community values of the Service and must comply with
applicable laws and these terms of service (the "Terms
of Service").
The Service is provided by Berjayaclubs.com to you
("you" or "Member"), subject to
the Terms of Service, and other terms and conditions
that may be published by Berjayaclubs.com from time
to time on the Service. Berjayaclubs.com may change,
suspend or discontinue the Service, at any time without
prior notice to its Members. Berjayaclubs.com may
also impose limits on certain features or services
contained in the Service without prior notice. MEMBERS
WHO VIOLATE THE TERMS OF SERVICE MAY PERMANENTLY BE
BANNED FROM USING THE SERVICE.
Please read the Terms of Service carefully. By
using the Service, you agree to the terms and conditions
outlined below. If you do not agree to these terms
and conditions, please do not use the Service. Berjayaclubs.com
reserves the right to change, modify, add or remove
portions of the Terms of Service at any time, in
its sole discretion. If you continue to use the
Service after Berjayaclubs.com has posted changes
to the Terms of Service, it means you have accepted
those changed terms.
Content and Conduct
Software files, text, sounds or other information
(collectively, "Content") transmitted,
posted, linked or uploaded on or through the Service
by Members may not be abusive, defamatory, obscene,
fraudulent, in violation of applicable laws, or
otherwise offensive to other Members, and must comply
with Berjayaclubs.com's Netiquette Rules.
By transmitting, posting, linking or uploading
Content to any part of the Service, you represent
and warrant that neither your content nor any parts
thereof infringe upon the copyright or any other
statutory or common-law intellectual property rights
(including without limitation trademark, service
mark, and trade name rights), proprietary rights
(including without limitation trade secrets), or
rights of privacy or publicity of any third party.
You hereby grant to Berjayaclubs.com a non-exclusive,
worldwide, perpetual fully paid-up license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, transmit
and display such Content (in whole or part) and/or
to incorporate it in other works in any form, media,
or technology now known or later developed for the
full term of any Rights that may exist in such Content.
You acknowledge that by providing you with the
ability to distribute your Content, the Service
is acting as a passive conduit for such distribution
and Berjayaclubs.com is not undertaking any obligation
or liability relating to any Content or activities
of its Members. Berjayaclubs.com cannot prevent
Members from placing prohibited content on the Service.
Furthermore, Berjayaclubs.com may elect at its sole
discretion to monitor some, all, or no areas of
the Service for adherence to these terms of service
or other terms and conditions that may be published
by Berjayaclubs.com from time to time. Upon notification
of inappropriate material, Berjayaclubs.com reserves
the right, but not the responsibility to remove
the Content from the Service. Berjayaclubs.com further
reserves the right to stop a member from accessing
the Service upon receipt of complaints about the
member's contributions and participation on the
Service.
You and any person who have access to the Service
must evaluate, and bear the risk associated with,
the accuracy, completeness or usefulness of any
Content posted by you to the Service. Berjayaclubs.com
does not pre-screen Content as a matter of policy,
but Berjayaclubs.com reserves the right, but not
the responsibility, to remove Content which is deemed
in Berjayaclubs.com's sole discretion harmful, offensive,
inaccurate or otherwise in violation of the Terms
of Service or any rules or policies Berjayaclubs.com
has in place at the time.
Berjayaclubs.com may terminate your access to the
Service at any time for any reason. Once your access
to the Service is terminated, you cannot engage
in the Service in any manner or for any reason without
the express written consent of Berjayaclubs.com,
and you cannot assist in enabling a terminated member
access to the Service via your Account.
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Copyright Regulations
Everything you see or read on the Service is owned
by us or used with permission. You may not copy,
use, or retransmit anything for the Service without
our express written permission. Furthermore, you
are not allowed to post or distribute any material
you do not own or which you do not have permission
to use. Violation of this policy may result in copyright,
trademark, or other intellectual property rights
violation and subject you to civil or criminal penalties.
Berjayaclubs.com respects the intellectual property
of others, and we ask you to do the same. Berjayaclubs.com
is in compliance with the Digital Millennium Copyright
Act. In order to protect the intellectual property
of people from misuse we ask you to help us. If
you believe that your work has been copied in a
way that constitutes copyright infringement and
is accessible on the Service, please provide Berjayaclubs.com's
Copyright Agent the following information:
1. An electronic or physical signature of the owner
of the copyright or of the person authorized to
act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you
claim has been infringed including the URL (i.e.,
Internet address) or other specific location on
the Service where the material that you claim is
infringing is located, including enough information
to allow us to locate the material and why you believe
an infringement has taken place.
3. A description of the location where the original
or an authorized copy of the copyrighted work exists,
for example the URL (i.e., Internet address) where
it is posted or the name of the book in which it
has been published.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith
belief that the disputed use is not authorized by
the copyright owner, its agent, or the law.
6. A statement by you made under penalty of perjury,
that the information in your Notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Berjayaclubs.com's Copyright Agent for Notice of
claims of copyright infringement can be reached
as follows:
Copyright Agent
c/o Berjaya Land Berhad
Level 19, Menara Shahzan Insas,
30 Jalan Sultan Ismail, 50250
Kuala Lumpur, Malaysia
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General
These Terms of Service constitute the entire understanding
of you and Berjayaclubs.com with respect to the
subject matter hereof. There are no understandings,
agreements, conditions or representations, oral
or written, express or implied, with reference to
the subject matter hereof that are not merged herein,
expressly referenced herein, or superseded hereby.
Nothing contained in these Terms of Service shall
be construed as creating any agency, partnership,
joint venture or other form of joint enterprise
between you and Berjayaclubs.com.
The provisions of these Terms of Service are independent
of each other and the invalidity of any provision
or a portion thereof shall not affect the validity
or enforceability of any other provision. In the
event that any particular provision is found to
be invalid or unenforceable, such provision shall
be deemed to have been replaced with a valid and
enforceable provision that approximates as closely
as possible the intent of you and Berjayaclubs.com
as reflected in the original provision.
Any delay or failure on the part of Berjayaclubs.com
to enforce any rights hereunder to which it may
be entitled shall not be construed as a waiver of
the right and privilege to do so at any subsequent
time.
You indemnify and hold harmless Berjayaclubs.com,
and the officers, directors, employees, partners,
principals, agents and representatives of Berjayaclubs.com,
from, against and in respect of any and all demands,
claims, actions or causes of action, liabilities,
losses, and expenses, including reasonable attorneys'
fees, arising out of or relating to any breach by
you of any covenant, representation or warranty
made pursuant to these Terms of Service.
All provisions which must survive in order to give
effect to their meaning, shall survive any expiration
or termination of these Terms of Service, including
without limitation all of your representations,
warranties and indemnification obligations.
The Terms of Service shall be governed by and construed
in accordance with the laws of Malaysia, without
regard to conflict of laws principles. You and Berjayaclubs.com
consent to the exclusive jurisdiction and venue
of the state and federal courts located in Kuala
Lumpur for resolution of any and all disputes arising
out of or related to the Terms of Service.
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Limitation of Liability
To the full extent permissible under the applicable
law, Berjayaclubs.com shall not be liable for any
direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use
the Service.
In no event shall Berjayaclubs.com have any liability
for any incidental, consequential, or indirect damages
(including, but not limited to, damages relating
to loss of business, profits, goodwill, data, programs
or information, and the like) arising out of the
use of or inability to use the Service or any information,
advice, or services provided on or downloaded from
the Service or accessed on the Internet from the
Service, even if advised of the possibility of such
damages and regardless of the cause of action under
which such damages are sought, including, without
limitation, breach of contract, negligence or other
tort. Because some states do not allow the exclusion
of implied warranties or the limitation of liability
for sequential or incidental damages, the above
exclusions and limitations may not apply to you.
In such states, Berjayaclubs.com's liability is
limited to the greatest extent permitted by law.
The Service contains links to third-party World
Wide Web sites and other resources. Berjayaclubs.com
assumes no responsibility for the availability or
content of these outside sites and resources. Therefore,
any concerns a member may have regarding any other
site should be directed to the relevant site administrator
or Webmaster.
The information, advice, facts, opinions or other
content appearing on the Service posted by Members
or third parties are those of the respective authors
and do not reflect the views of Berjayaclubs.com.
Berjayaclubs.com assumes no responsibility or liability
for these materials.
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Disclaimer of Warranties
Everything on the Service is provided to you "AS
IS" and "AS AVAILABLE." Berjayaclubs.com
does not make any express or implied warranties,
representations or endorsements whatsoever (including,
without limitation, warranties of title or non-infringement
or the implied warranties of merchantability or
fitness for a particular purpose) with respect to
the Service, any products, merchandise, information
or services provided through or advertised on the
Service, or the accuracy or results obtained from
the use of any products, merchandise, or information
or services provided through or advertised on the
Service. Berjayaclubs.com does not guarantee or
warrant that any files available for downloading
through the Service will be free of infection by
viruses or other code that may contain contaminating
or destructive properties.
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Links to Third-Party Sites
Any third-party sites to which the Service may
link are not under Berjayaclubs.com's control, and
Berjayaclubs.com does not assume any responsibility
or liability for any information, content, communications
or materials available on such third-party sites.
Absent express language to the contrary, Berjayaclubs.com
does not intend links contained on the Service to
be referrals to, or endorsements of, the linked
third-party sites or the entities that operate them,
and such links are provided for convenience only.
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Privacy
Berjaya land Berhad, ("Berjayaclubs.com")
believes that communities can only truly be built
through interaction and participation among community
Members based on trust, privacy and freedom of expression.
Berjayaclubs.com wants all Members to have the
freedom to express themselves, however at the same
time, Berjayaclubs.com wants all Members to feel
secure.
The following Privacy Policy demonstrates our intent
and commitment to protect Members' rights online.
A. Profile information will be used to create personalized
content, service, and advertise on the Service.
Berjayaclubs.com may also use your profile to generate
aggregate reports and market research.
B. All profile data stored by the Service has been
entered solely by the respective member.
C. Members can modify registration data associated
with their account, and can control selected private
information from being disclosed on their member
page.
D. Communication transcripts of online chats are
not retained except for scheduled chat sessions.
E. E-mail communications are only accessible by
the designated recipients, except that Berjayaclubs.com
personnel involved in maintenance of the system
may have access to the Service mail communications.
Personally identifying information, or personal
information, includes your name, home or other address
(like the school you attend), email address, or
any other information that tells another person
who you are. When you register as a Member, we ask
for some personal information such as your email
address.
Our policy regarding this information is simple:
Except as provided in this statement, Berjayaclubs.com
may use this information to send you offers and
information we think you would be interested in
from Berjayaclubs.com and it's partners but not
without your explicit permission. Berjayaclubs.com
will also give you an opportunity to opt out of
this service at any time. We make an effort to include
a link to this Privacy Policy wherever we ask you
for personal information.
We also collect other information at registration
such as your birthday, city where you live, hobbies,
and interests. This information cannot be used to
identify you. We place this information in your
Berjayaclubs.com profile, which is publicly available
so that other Members who share your interests can
connect with you.
Other companies also may sponsor promotions, contests
and sweepstakes running on the Service. These companies
may choose to collect personal information from
you. If you don't want your information collected
by these sponsors, you can decide not to participate
in the promotion, or contest. You should be aware
that our advertisers or Web sites that have links
on the Service may collect personally identifiable
information about you. This privacy statement does
not address the information practices of those Web
sites or advertisers.
One last thing to keep in mind: Whenever you voluntarily
disclose personal information on forums, club channels,
or in chat areas, that information can be collected
and used by others. If you post personal information
in public places, others may send you unsolicited
email messages. Always be smart about the information
you provide online.
Finally, we may disclose Member information when
we are required to by law, or when have reason to
believe that someone is causing injury to or interference
with our rights or property, other Service Members,
or anyone else that could be harmed by such activities.
Your Member profile is password-protected so that
you and only you have access to this information.
In order to maintain this protection, do not give
your password to anyone. Also, we recommend that,
if you share your computer with other people, you
sign out of your Account and close your browser
window when you are done. Signing off will protect
your information if you share a computer with someone
else or are using a computer in a public place like
a library.
We make every effort to ensure that your information
is secure on our system. Unfortunately, no data
transmission over the Internet can be guaranteed
to be 100% secure. As a result, we cannot guarantee
the security of any information you transmit to
us, and you do so at your own risk.
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Cookies
In our effort to provide you services customized
to your interests, we use cookies to keep and sometimes
track information about you. A cookie is a small
piece of data that is sent to your browser from
a Web server and stored on your computer's hard
drive. We use cookies to: access your account information
(stored on our computers) in order to deliver better
and more personalized services; estimate our audience
size for our advertisers; track the number of entries
in our promotions, sweepstakes and contests; identify
which areas of the Service you have visited. You
should also be aware that companies that advertise
on the Service might use their own cookies. This
privacy policy does not cover how these companies
use their cookies.
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Age Restriction
The Service is not directed to children under the
age of 12, service will prohibit registration by
and will not knowingly collect personally identifiable
information from anyone under 12.
This restriction will be posted at points of data
collection within the Service, such as registration
for services.
Note to Parents: If you have any concerns about
the Service or its related services, wish to find
out if your child is a member of one of our services,
or wish to cancel your child's membership, please
contact us at service@berjayaclubs.com.
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Fees and Costs
You are responsible for paying any applicable taxes
and for all hardware, software, service and other
costs you may incur in connection with the Service,
including costs incurred in connecting to the Service
via the Internet. Berjayaclubs.com reserves the
right, at any time, to charge fees for access to
the Service, and will notify you of any such fees
by posting information regarding such fees on the
Service.
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NETIQUETTE
You are entirely responsible and liable for all
of your activities on Berjayaclubs.com. Listed below
are some, but not all, violations that may result
in termination of your access to Berjayaclubs.com.
By using Berjayaclubs.com, you agree NOT to do any
of the following:
1. Post, transmit, promote, or distribute content
that is illegal, that encourages illegal activity,
or that infringes upon the copyright, patent, trademark,
trade secret, publicity right or other intellectual
property or proprietary right of any third party.
2. Transmit or facilitate distribution of content
that is libelous, harmful, threatening, harassing,
abusive, racially or ethnically offensive, vulgar,
sexually explicit, pornographic, obscene, defamatory,
or objectionable in a reasonable person's view.
3. Pretend to be anyone whom you are not. You may
not impersonate another member, a BerjayaCLubs.com
community staff member, or anyone else.
4. Attempt to get a password, other account information,
or other private information from a member, or harvest
email addresses or other information.
5. Post any unsolicited advertising, promotional
materials, or any other forms of solicitation.
Pornography, obscenities, and defamatory postings
are not allowed anywhere on Berjayaclubs.com. Postings
of this kind will be removed immediately, and a
violation will be issued to the Member responsible
for the posting (several violations will result
in the termination of your account). If you see
any pornographic, obscene or defamatory postings,
please report immediately.
Postings which violate the intellectual property
rights of third parties are not allowed anywhere
on Berjayaclubs.com. Postings of this kind will
be removed immediately, and a violation will be
issued to the Member responsible for the posting
(several violations will result in the termination
of your account). If you see any content which you
believe infringes upon the copyright, patent, trademark,
trade secret, publicity right or other intellectual
property or proprietary right of any third party,
please report immediately by emailing copyright@mail.Berjayaclubs.com.
Usernames that contain obscene words, derogatory
or racist remarks, or references to sexual acts
or sexual anatomy are not allowed on Berjayaclubs.com.
Usernames of this kind will be deleted immediately
upon discovery. If you see a Username that contains
obscene, racist or derogatory references, please
report immediately.
In the Forums area, please try to keep your postings
relevant to the discussion. Postings that are irrelevant
to Forum discussions, or that are designed to promote
personal pages, voting polls, or third parties may
be removed. If you see postings that contain foul
language or that are intended to harass other Members,
please Report immediately.
Intentional disruption of the flow of content or
discussion by repeatedly posting the same message
or image or posting excessively large images is
not permitted. Members who cause disruption of this
kind will be issued a violation that can result
in the termination of their account. If you see
another Member disrupting a chat room or forum discussion,
please report immediately.
Harassment of another Berjayaclubs.com member via
Notes, Pages, or postings is not permitted. Harassment
means: saying bad things about them; sending them
unwanted messages; attacking their race, heritage,
etc. Unsolicited "spam" messages are also
not permitted unless expressly authorized by the
recipient. While we encourage you to introduce yourself
to other Members, please respect their wishes if
they do not want you to send them mail. If you feel
that another Member is harassing you, please report
by filling out a member violation report.
Please remember that not everyone likes being put
on a Friend's list. Please comply with a Member's
wishes if they request to be removed from your Friend's
list. As a Member, you have the right to refuse
being saved to someone else's Friend's list. If
another Member refuses to remove you from their
Friend's list, please report and we will remove
your name for you.
We can, whenever we want, edit or delete any content
displayed, uploaded to, distributed, or otherwise
published through the Service.
We reserve the right to remove content at any time,
including any content that violates these standards.
We are not responsible for any objectionable material
posted by Members that you may encounter while using
the Service.
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